| 1 | A bill to be entitled |
| 2 | An act relating to child support enforcement; amending s. |
| 3 | 61.14, F.S.; requiring payments on child support judgments |
| 4 | to be applied first to the current child support due, then |
| 5 | to the delinquent principal, and then to any interest on |
| 6 | the support judgment; amending s. 61.1824, F.S.; requiring |
| 7 | the State Disbursement Unit to disburse payments to |
| 8 | obligees electronically; amending s. 328.42, F.S.; |
| 9 | requiring the Department of Highway Safety and Motor |
| 10 | Vehicles to cooperate with the Department of Revenue in |
| 11 | establishing an automated method for disclosing owners of |
| 12 | registered vessels to the Department of Revenue; |
| 13 | authorizing the Department of Highway Safety and Motor |
| 14 | Vehicles to suspend the operating privilege of vessel |
| 15 | owners who are not in compliance with orders relating to |
| 16 | child support when directed by the Department of Revenue; |
| 17 | amending s. 409.2558, F.S.; requiring the State |
| 18 | Disbursement Unit to disburse payments to obligees |
| 19 | electronically; amending s. 409.256, F.S.; requiring the |
| 20 | correctional facility to assist an incarcerated putative |
| 21 | father in complying with an administrative order to appear |
| 22 | for genetic testing; clarifying that an administrative |
| 23 | order for genetic testing has the same force and effect as |
| 24 | a court order; amending s. 456.004, F.S.; requiring the |
| 25 | Department of Health to cooperate with the Department of |
| 26 | Revenue in establishing an automated method for disclosing |
| 27 | health practitioner licensees to the Department of |
| 28 | Revenue; authorizing the Department of Health to suspend |
| 29 | or deny the license of a licensee who is not in compliance |
| 30 | with orders relating to child support when directed by the |
| 31 | Department of Revenue; amending s. 497.167, F.S.; |
| 32 | authorizing the Department of Financial Services to |
| 33 | suspend or deny the license of a licensee who is not in |
| 34 | compliance with orders relating to child support when |
| 35 | directed by the Department of Revenue; amending s. 559.79, |
| 36 | F.S.; requiring the Department of Business and |
| 37 | Professional Regulation to cooperate with the Department |
| 38 | of Revenue in establishing a method for disclosing |
| 39 | professional licensees to the Department of Revenue; |
| 40 | authorizing the Department of Business and Professional |
| 41 | Regulation to suspend or deny the license of a licensee |
| 42 | who is not in compliance with orders relating to child |
| 43 | support when directed by the Department of Revenue; |
| 44 | amending s. 1012.21, F.S.; requiring the Department of |
| 45 | Education to cooperate with the Department of Revenue in |
| 46 | establishing a method for disclosing educators to the |
| 47 | Department of Revenue; authorizing the Department of |
| 48 | Education to suspend or deny the teaching certificate of a |
| 49 | person who is not in compliance with orders relating to |
| 50 | child support when directed by the Department of Revenue; |
| 51 | amending s. 1012.795, F.S.; requiring the Education |
| 52 | Practices Commission to suspend or deny the educator |
| 53 | certificate of a person who is not in compliance with |
| 54 | orders relating to child support upon notice by the |
| 55 | Department of Revenue; repealing s. 409.25645, F.S., |
| 56 | relating to administrative orders for genetic testing; |
| 57 | providing an effective date. |
| 58 |
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| 59 | Be It Enacted by the Legislature of the State of Florida: |
| 60 |
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| 61 | Section 1. Paragraph (d) of subsection (6) of section |
| 62 | 61.14, Florida Statutes, is amended to read: |
| 63 | 61.14 Enforcement and modification of support, |
| 64 | maintenance, or alimony agreements or orders.-- |
| 65 | (6) |
| 66 | (d) The court shall hear the obligor's motion to contest |
| 67 | the impending judgment within 15 days after the date of the |
| 68 | filing of the motion. Upon the court's denial of the obligor's |
| 69 | motion, the amount of the delinquency and all other amounts that |
| 70 | which thereafter become due, together with costs and a service |
| 71 | charge of up to $7.50, become a final judgment by operation of |
| 72 | law against the obligor. The depository shall charge interest at |
| 73 | the rate established in s. 55.03 on all judgments for support. |
| 74 | Payments on judgments shall be applied first to the current |
| 75 | child support due, then to any delinquent principal, and then to |
| 76 | interest on the support judgment. |
| 77 | Section 2. Paragraph (d) of subsection (3) of section |
| 78 | 61.1824, Florida Statutes, is amended to read: |
| 79 | 61.1824 State Disbursement Unit.-- |
| 80 | (3) The State Disbursement Unit shall perform the |
| 81 | following functions: |
| 82 | (d) To the extent feasible, use automated procedures for |
| 83 | the collection and disbursement of support payments, including, |
| 84 | but not limited to, having procedures for: |
| 85 | 1. Receipt of payments from obligors, employers, other |
| 86 | states and jurisdictions, and other entities. |
| 87 | 2. Timely disbursement of payments to obligees, the |
| 88 | department, and other state Title IV-D agencies. |
| 89 | 3. Accurate identification of payment source and amount. |
| 90 | 4. Furnishing any parent, upon request, timely information |
| 91 | on the current status of support payments under an order |
| 92 | requiring payments to be made by or to the parent, except that |
| 93 | in cases described in paragraph (1)(b), prior to the date the |
| 94 | State Disbursement Unit becomes fully operational, the State |
| 95 | Disbursement Unit shall not be required to convert and maintain |
| 96 | in automated form records of payments kept pursuant to s. |
| 97 | 61.181. |
| 98 | 5. Electronic disbursement of support payments to |
| 99 | obligees. The State Disbursement Unit shall notify obligees of |
| 100 | electronic disbursement options and encourage their use through |
| 101 | promotional material. Any payments made to the State |
| 102 | Disbursement Unit that are owed to the obligee shall be |
| 103 | disbursed electronically. The obligee may designate a personal |
| 104 | account for deposit of payments. If the obligee does not |
| 105 | designate a personal account, the State Disbursement Unit shall |
| 106 | deposit any payments into a stored value account that can be |
| 107 | accessed by the obligee. |
| 108 | Section 3. Subsection (1) of section 328.42, Florida |
| 109 | Statutes, is amended to read: |
| 110 | 328.42 Suspension or denial of a vessel registration due |
| 111 | to support delinquency; dishonored checks.-- |
| 112 | (1) The department shall work cooperatively with the |
| 113 | Department of Revenue to establish an automated method for |
| 114 | periodically disclosing information relating to current owners |
| 115 | of registered vessels to the Department of Revenue, the state's |
| 116 | Title IV-D agency must allow applicants for new or renewal |
| 117 | registrations to be screened by the Department of Revenue, as |
| 118 | the Title IV-D child support agency under s. 409.2598 to assure |
| 119 | compliance with an obligation for support as defined in s. |
| 120 | 409.2554, or by a non-IV-D obligee to assure compliance with a |
| 121 | child support obligation. The purpose of this subsection section |
| 122 | is to promote the public policy of this state relating to child |
| 123 | support as established in s. 409.2551. The department shall |
| 124 | must, when directed by the court or the Department of Revenue |
| 125 | pursuant to s. 409.2598, deny or suspend the vessel registration |
| 126 | and suspend the vessel operating privilege of an owner of any |
| 127 | applicant found not to be in compliance with a support order, a |
| 128 | subpoena, an order to show cause, or a written agreement with |
| 129 | the Department of Revenue to have a delinquent support |
| 130 | obligation. The department shall must issue or reinstate a |
| 131 | registration and reinstate the operating privilege when notified |
| 132 | by the Title IV-D agency or the court or the Department of |
| 133 | Revenue that the owner applicant has complied with the terms of |
| 134 | the support court order. The department is may not be held |
| 135 | liable for any registration denial or suspension, or suspension |
| 136 | of operating privileges, resulting from the discharge of its |
| 137 | duties under this section. |
| 138 | Section 4. Present subsections (2) through (8) of section |
| 139 | 409.2558, Florida Statutes, are renumbered as subsections (3) |
| 140 | through (9), respectively, and a new subsection (2) is added to |
| 141 | that section to read: |
| 142 | 409.2558 Support distribution and disbursement.-- |
| 143 | (2) DISBURSEMENT OF PAYMENTS.--Any payments made to the |
| 144 | State Disbursement Unit that are owed to the obligee in a Title |
| 145 | IV-D case shall be disbursed electronically. The obligee may |
| 146 | designate a personal account for deposit of payments. If the |
| 147 | obligee does not designate a personal account, the State |
| 148 | Disbursement Unit shall deposit any payments into a stored value |
| 149 | account that can be accessed by the obligee. |
| 150 | Section 5. Paragraphs (d) and (e) are added to subsection |
| 151 | (4) of section 409.256, Florida Statutes, to read: |
| 152 | 409.256 Administrative proceeding to establish paternity |
| 153 | or paternity and child support; order to appear for genetic |
| 154 | testing.-- |
| 155 | (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR |
| 156 | PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC |
| 157 | TESTING; MANNER OF SERVICE; CONTENTS.--The Department of Revenue |
| 158 | shall commence a proceeding to determine paternity, or a |
| 159 | proceeding to determine both paternity and child support, by |
| 160 | serving the respondent with a notice as provided in this |
| 161 | section. An order to appear for genetic testing may be served at |
| 162 | the same time as a notice of the proceeding or may be served |
| 163 | separately. A copy of the affidavit or written declaration upon |
| 164 | which the proceeding is based shall be provided to the |
| 165 | respondent when notice is served. A notice or order to appear |
| 166 | for genetic testing shall be served by certified mail, |
| 167 | restricted delivery, return receipt requested, or in accordance |
| 168 | with the requirements for service of process in a civil action. |
| 169 | Service by certified mail is completed when the certified mail |
| 170 | is received or refused by the addressee or by an authorized |
| 171 | agent as designated by the addressee in writing. If a person |
| 172 | other than the addressee signs the return receipt, the |
| 173 | department shall attempt to reach the addressee by telephone to |
| 174 | confirm whether the notice was received, and the department |
| 175 | shall document any telephonic communications. If someone other |
| 176 | than the addressee signs the return receipt, the addressee does |
| 177 | not respond to the notice, and the department is unable to |
| 178 | confirm that the addressee has received the notice, service is |
| 179 | not completed and the department shall attempt to have the |
| 180 | addressee served personally. For purposes of this section, an |
| 181 | employee or an authorized agent of the department may serve the |
| 182 | notice or order to appear for genetic testing and execute an |
| 183 | affidavit of service. The department may serve an order to |
| 184 | appear for genetic testing on a custodian. The department shall |
| 185 | provide a copy of the notice or order to appear by regular mail |
| 186 | to the mother and custodian, if they are not respondents. |
| 187 | (d) If the putative father is incarcerated, the |
| 188 | correctional facility shall assist the putative father in |
| 189 | complying with an administrative order to appear for genetic |
| 190 | testing issued under this section. |
| 191 | (e) An administrative order to appear for genetic testing |
| 192 | has the same force and effect as a court order. |
| 193 | Section 6. Subsection (9) of section 456.004, Florida |
| 194 | Statutes, is amended to read: |
| 195 | 456.004 Department; powers and duties.--The department, |
| 196 | for the professions under its jurisdiction, shall: |
| 197 | (9) Work cooperatively with the Department of Revenue to |
| 198 | establish an automated method for periodically disclosing |
| 199 | information relating to current licensees to the Department of |
| 200 | Revenue, the state's Title IV-D agency Allow applicants for new |
| 201 | or renewal licenses and current licensees to be screened by the |
| 202 | Title IV-D child support agency pursuant to s. 409.2598 to |
| 203 | assure compliance with a support obligation, as defined in s. |
| 204 | 409.2554. The purpose of this subsection is to promote the |
| 205 | public policy of this state relating to child support as |
| 206 | established in s. 409.2551. The department shall, when directed |
| 207 | by the court or the Department of Revenue pursuant to s. |
| 208 | 409.2598, suspend or deny the license of any licensee found not |
| 209 | to be in compliance with a support order, a subpoena, an order |
| 210 | to show cause, or a written agreement with the Department of |
| 211 | Revenue to have a delinquent support obligation. The department |
| 212 | shall issue or reinstate the license without additional charge |
| 213 | to the licensee when notified by the court or the Department of |
| 214 | Revenue that the licensee has complied with the terms of the |
| 215 | support court order. The department is shall not be held liable |
| 216 | for any license denial or suspension resulting from the |
| 217 | discharge of its duties under this subsection. |
| 218 | Section 7. Subsection (6) of section 497.167, Florida |
| 219 | Statutes, is amended to read: |
| 220 | 497.167 Administrative matters.-- |
| 221 | (6) The department shall allow applicants for new or |
| 222 | renewal licenses and current licensees to be screened by the |
| 223 | Title IV-D child support agency pursuant to s. 409.2598 to |
| 224 | ensure compliance with a support obligation. The purpose of this |
| 225 | subsection is to promote the public policy of this state |
| 226 | relating to child support as established in s. 409.2551. The |
| 227 | department shall, when directed by the court or the Department |
| 228 | of Revenue pursuant to s. 409.2598, suspend or deny the license |
| 229 | of any licensee found not to be in compliance with a support |
| 230 | order, a subpoena, an order to show cause, or a written |
| 231 | agreement with the Department of Revenue to have a delinquent |
| 232 | support obligation, as defined in s. 409.2554. The department |
| 233 | shall issue or reinstate the license without additional charge |
| 234 | to the licensee when notified by the court or the Department of |
| 235 | Revenue that the licensee has complied with the terms of the |
| 236 | support court order. The department is shall not be held liable |
| 237 | for any license denial or suspension resulting from the |
| 238 | discharge of its duties under this subsection. |
| 239 | Section 8. Subsection (3) of section 559.79, Florida |
| 240 | Statutes, is amended to read: |
| 241 | 559.79 Applications for license or renewal.-- |
| 242 | (3) The department shall work cooperatively with the |
| 243 | Department of Revenue to establish an automated method for |
| 244 | periodically disclosing information relating to current |
| 245 | licensees to the Department of Revenue, the state's Title IV-D |
| 246 | agency allow the Title IV-D child support agency to screen all |
| 247 | applicants for new or renewal licenses and current licensees |
| 248 | pursuant to s. 409.2598 to assure compliance with a support |
| 249 | obligation, as defined in s. 409.2554. The purpose of this |
| 250 | subsection is to promote the public policy of this state |
| 251 | relating to child support as established in s. 409.2551. The |
| 252 | department shall, when directed by the court or the Department |
| 253 | of Revenue pursuant to s. 409.2598, suspend or deny the license |
| 254 | of any licensee found not to be in compliance with a support |
| 255 | order, a subpoena, an order to show cause, or a written |
| 256 | agreement with the Department of Revenue to have a delinquent |
| 257 | support obligation. The department shall issue or reinstate the |
| 258 | license without additional charge to the licensee when notified |
| 259 | by the court or the Department of Revenue that the licensee has |
| 260 | complied with the terms of the support court order. The |
| 261 | department is shall not be liable for any license denial or |
| 262 | suspension resulting from the discharge of its duties under this |
| 263 | subsection. |
| 264 | Section 9. Subsection (3) of section 1012.21, Florida |
| 265 | Statutes, is amended to read: |
| 266 | 1012.21 Department of Education duties; K-12 personnel.-- |
| 267 | (3) SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE TO |
| 268 | CHILD SUPPORT DELINQUENCY.--The Department of Education shall |
| 269 | work cooperatively with the Department of Revenue to establish |
| 270 | an automated method for periodically disclosing information |
| 271 | relating to individuals who hold a certificate pursuant to s. |
| 272 | 1012.56 or s. 1012.57 to the Department of Revenue, the state's |
| 273 | Title IV-D agency allow applicants for new or renewal |
| 274 | certificates and renewal certificateholders to be screened by |
| 275 | the Title IV-D child support agency pursuant to s. 409.2598 to |
| 276 | assure compliance with an obligation for support, as defined in |
| 277 | s. 409.2554. The purpose of this section is to promote the |
| 278 | public policy of this state relating to child support as |
| 279 | established in s. 409.2551. The department shall, when directed |
| 280 | by the court or the Department of Revenue pursuant to s. |
| 281 | 409.2598, deny or suspend the application of any applicant found |
| 282 | not to be in compliance with a support order, a subpoena, an |
| 283 | order to show cause, or a written agreement with the Department |
| 284 | of Revenue to have a delinquent support obligation. The |
| 285 | department shall issue or reinstate the certificate without |
| 286 | additional charge to the certificateholder when notified by the |
| 287 | court or the Department of Revenue that the certificateholder |
| 288 | has complied with the terms of the support court order. The |
| 289 | department is shall not be held liable for any certificate |
| 290 | denial or suspension resulting from the discharge of its duties |
| 291 | under this section. |
| 292 | Section 10. Subsection (1) and paragraph (a) of subsection |
| 293 | (4) of section 1012.795, Florida Statutes, are amended to read: |
| 294 | 1012.795 Education Practices Commission; authority to |
| 295 | discipline.-- |
| 296 | (1) The Education Practices Commission may suspend the |
| 297 | educator certificate of any person as defined in s. 1012.01(2) |
| 298 | or (3) for up to a period of time not to exceed 5 years, thereby |
| 299 | denying that person the right to teach or otherwise be employed |
| 300 | by a district school board or public school in any capacity |
| 301 | requiring direct contact with students for that period of time, |
| 302 | after which the holder may return to teaching as provided in |
| 303 | subsection (4); may revoke the educator certificate of any |
| 304 | person, thereby denying that person the right to teach or |
| 305 | otherwise be employed by a district school board or public |
| 306 | school in any capacity requiring direct contact with students |
| 307 | for up to a period of time not to exceed 10 years, with |
| 308 | reinstatement subject to the provisions of subsection (4); may |
| 309 | revoke permanently the educator certificate of any person |
| 310 | thereby denying that person the right to teach or otherwise be |
| 311 | employed by a district school board or public school in any |
| 312 | capacity requiring direct contact with students; may suspend the |
| 313 | educator certificate, upon an order of the court or notice by |
| 314 | the Department of Revenue relating to the payment of child |
| 315 | support, of any person found to have a delinquent child support |
| 316 | obligation; or may impose any other penalty provided by law, |
| 317 | provided it can be shown that the person: |
| 318 | (a) Obtained or attempted to obtain an educator |
| 319 | certificate by fraudulent means. |
| 320 | (b) Has proved to be incompetent to teach or to perform |
| 321 | duties as an employee of the public school system or to teach in |
| 322 | or to operate a private school. |
| 323 | (c) Has been guilty of gross immorality or an act |
| 324 | involving moral turpitude. |
| 325 | (d) Has had an educator certificate sanctioned by |
| 326 | revocation, suspension, or surrender in another state. |
| 327 | (e) Has been convicted of a misdemeanor, felony, or any |
| 328 | other criminal charge, other than a minor traffic violation. |
| 329 | (f) Upon investigation, has been found guilty of personal |
| 330 | conduct that which seriously reduces that person's effectiveness |
| 331 | as an employee of the district school board. |
| 332 | (g) Has breached a contract, as provided in s. 1012.33(2). |
| 333 | (h) Has been the subject of a court order or notice by the |
| 334 | Department of Revenue pursuant to s. 409.2598 directing the |
| 335 | Education Practices Commission to suspend the certificate as a |
| 336 | result of noncompliance with a child support order, a subpoena, |
| 337 | an order to show cause, or a written agreement with the |
| 338 | Department of Revenue a delinquent child support obligation. |
| 339 | (i) Has violated the Principles of Professional Conduct |
| 340 | for the Education Profession prescribed by State Board of |
| 341 | Education rules. |
| 342 | (j) Has otherwise violated the provisions of law, the |
| 343 | penalty for which is the revocation of the educator certificate. |
| 344 | (k) Has violated any order of the Education Practices |
| 345 | Commission. |
| 346 | (l) Has been the subject of a court order or plea |
| 347 | agreement in any jurisdiction which requires the |
| 348 | certificateholder to surrender or otherwise relinquish his or |
| 349 | her educator's certificate. A surrender or relinquishment shall |
| 350 | be for permanent revocation of the certificate. A person may not |
| 351 | surrender or otherwise relinquish his or her certificate prior |
| 352 | to a finding of probable cause by the commissioner as provided |
| 353 | in s. 1012.796. |
| 354 | (4)(a) An educator certificate that which has been |
| 355 | suspended under this section is automatically reinstated at the |
| 356 | end of the suspension period, provided the certificate did not |
| 357 | expire during the period of suspension. If the certificate |
| 358 | expired during the period of suspension, the holder of the |
| 359 | former certificate may secure a new certificate by making |
| 360 | application therefor and by meeting the certification |
| 361 | requirements of the state board current at the time of the |
| 362 | application for the new certificate. An educator certificate |
| 363 | suspended pursuant to paragraph (1)(h) a court order for a |
| 364 | delinquent child support obligation may only be reinstated only |
| 365 | upon notice from the court or the Department of Revenue that the |
| 366 | party has complied with the terms of the support court order, |
| 367 | subpoena, order to show cause, or written agreement. |
| 368 | Section 11. Section 409.25645, Florida Statutes, is |
| 369 | repealed. |
| 370 | Section 12. This act shall take effect upon becoming a |
| 371 | law. |